United States District Court, W.D. Washington, Seattle
B.F. and A.A., minors, by and through their guardian Joey Fields, et al. Plaintiffs,
AMAZON.COM, INC., a Delaware corporation, and A2Z DEVELOPMENT CENTER, INC., a Delaware corporation, Defendants.
Plaintiffs and the Putative Class QUINN EMANUEL URQUHART
& SULLIVAN, LLP Andrew H. Schapiro (admitted pro hac
vice) Stephen Swedlow (admitted pro hac vice) QUINN EMANUEL
URQUHART & SULLIVAN, LLP Ashley C. Keller (admitted pro
hac vice) Travis D. Lenkner (admitted pro hac vice) J.
Dominick Larry (admitted pro hac vice) Aaron M. Zigler
(admitted pro hac vice) KELLER LENKNER LLC Warren D. Postman
(admitted pro hac vice) KELLER LENKNER LLC
Defendants, AMAZON.COM, INC. and A2Z DEVELOPMENT CENTER, INC.
FENWICK & WEST LLP Jeffrey A. Ware, WSBA No. 43779
Laurence F. Pulgram (admitted pro hac vice) Tyler G. Newby
(admitted pro hac vice) Molly R. Melcher (admitted pro hac
vice) Armen N. Nercessian (admitted pro hac vice) Avery L.
Brown (admitted pro hac vice) Mary M. Griffin (admitted pro
hac vice) FENWICK & WEST LLP
STIPULATED MOTION TO MODIFY SCHEDULING ORDER
REGARDING CLASS CERTIFICATION DISCOVERY DEADLINES
MICHELLE L. PETERSON, UNITED STATES MAGISTRATE JUDGE
to Federal Rule of Civil Procedure 16(b)(4) and LCR 16(b)(5),
Plaintiffs and Defendants Amazon.com, Inc. and a2z
Development Center, Inc. (collectively, “Amazon”)
respectfully submit this joint motion requesting that the
Court modify the Rule 16(b) and Rule 23(d)(2) Scheduling
Order Regarding Class Certification (Dkt. No. 54) by 120 days
to allow the parties to complete class certification
discovery and proceed with briefing on Plaintiffs' motion
for class certification. The current deadline for the parties
to complete discovery on class certification issues is
January 7, 2020, with Plaintiffs' class certification
motion to follow on February 7, 2020. As the Court
acknowledged at the October 17, 2019 hearing in this matter,
this schedule set “an aggressive timetable” for
class certification discovery, and the Court invited the
parties, after diligent efforts, to seek relief from
deadlines that proved unworkable.
that hearing, the parties believe that they have worked
diligently and in good faith to satisfy their respective
discovery obligations. The parties have also met and
conferred extensively on discovery matters, among other
things to narrow areas of dispute. Despite these efforts,
however, the current timetable for completing class
certification discovery is unfeasible, and there are several
reasons for an extension of the deadlines concerning class
certification in this case. Given the complexity of the legal
issues and the technology in this case, Plaintiffs'
discovery requests seek extensive technical and business
sensitive information concerning a core Amazon service. The
parties have disputes over the scope of discovery and have
brought one dispute over whether Plaintiffs state claims
entitling them to discovery based on post-recording use and
disclosure of voice recordings for resolution by the Court.
In addition, Plaintiffs have sought leave to file a proposed
second amended complaint that would add new claims under
California law on behalf of a California class and could
affect the scope of discovery. All the disputed discovery
issues cannot be resolved before the January 7, 2020 class
certification discovery deadline. Nor can all documents be
collected before disputes over scope are unresolved.
Moreover, while the parties have been working to schedule
depositions in this matter, it is not possible to complete
all the necessary depositions - including of the named class
representatives, their guardians, and relevant Amazon
witnesses - before the current deadline.
these reasons, the parties respectfully request an extension
of 120 days to all current discovery and briefing deadlines
concerning class certification. The parties propose that the
Court modify the case calendar set forth in the Rule 16(b)
and Rule 23(d)(2) Scheduling Order Regarding Class
Certification as follows:
Deadline to complete discovery on class
January 7, 2020
May 6, 2020
Deadline for Plaintiffs to file Motion for Class
February 7, 2020
June 8, 2020
Deadline for Amazon to File Opposition to
Plaintiffs' Motion for Class Certification
March 28, 2020
July 27, 2020
Deadline for Plaintiffs to file Reply re:
Plaintiffs' Class Certification Motion
April 15, 2020
August 13, 2020
schedule accords more closely with the circumstances that
this very complicated action presents. Accordingly, the
parties request that the Court extend both parties'
deadlines in the current scheduling order for 120 days, as
DISCOVERY EFFORTS TO DATE
11, 2019, the initial complaint was filed in this action,
naming Plaintiff C.O. Dkt. No. 1. On July 8, 2019, counsel
for Plaintiffs filed their First Amended Complaint, adding 21
minor plaintiffs and seven causes of action. See Dkt. No. 24
(“FAC”). On September 11, 2019, the Court entered
a scheduling order setting a deadline for the parties to
complete discovery on class certification by January 7, 2020,
and for Plaintiffs to file their motion for class
certification by no later than February 7, 2020, with
Amazon's opposition to follow on March 28, 2020 and the
Plaintiffs reply due April 15, 2020. Dkt. No. 54.
filed a motion to compel this action to individualized
arbitration and to dismiss or stay Plaintiffs' claims
pending arbitration on September 12, 2019. Dkt. No. 55.
Following this motion, on September 23, 2019, Amazon
responded to Plaintiffs' discovery requests with
objections that merits discovery should be stayed and that
Plaintiffs' discovery requests were premature until the
Court decided Amazon's pending Arbitration Motion.
Plaintiffs responded by filing a motion to compel discovery
responses on October 3, 2019. Dkt. No. 70.
Court issued a report and recommendation (the
“Report”) denying Amazon's motion to compel
arbitration on October 21, 2019. Dkt. No. 78. On October 21,
2019, the Court also granted Plaintiffs' motion to compel
discovery and ordered Amazon to provide substantive responses
to Plaintiff's discovery requests within two weeks. It
also ordered the parties to meet and confer on a coordinated
discovery effort that will take the similar putative class
actions pending in other districts into account. Dkt. No. 79.
On November 4, 2019, Amazon filed its objection to the
Report. Dkt. No. 86. The same day, Amazon also provided
substantive responses to Plaintiffs' discovery requests,
together with a production totaling over 10, 000 pages. The
parties reached agreement on how to coordinate discovery
between this case and other pending matters, including
understandings concerning the extent to which other parties
could rely upon discovery received in one matter in another,
and limitations on the ability of a side to seek identical
discovery-related relief in one proceeding after an adverse
decision in another. ...